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| Public Act 095-0450 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing | ||||
Section 4.18 and by adding Section 4.28 as follows:
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(5 ILCS 80/4.18)
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Sec. 4.18. Acts repealed January 1, 2008 and December 31, | ||||
2008.
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(a) The following Acts
are repealed on January 1, 2008:
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The Acupuncture Practice Act.
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The Clinical Social Work and Social Work Practice Act.
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The Home Medical Equipment and Services Provider | ||||
License Act.
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The Nursing and Advanced Practice Nursing Act.
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The Illinois Speech-Language Pathology and Audiology | ||||
Practice Act.
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The Marriage and Family Therapy Licensing Act.
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The Nursing Home Administrators Licensing and | ||||
Disciplinary Act.
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The Pharmacy Practice Act of 1987.
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The Physician Assistant Practice Act of 1987.
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The Podiatric Medical Practice Act of 1987.
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The Structural Pest Control Act.
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(b) The following Acts are repealed on December 31, 2008: | ||
The Medical Practice Act of 1987. | ||
The Environmental Health Practitioner Licensing Act.
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(Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | ||
94-1085, eff. 1-19-07; revised 1-22-07.)
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(5 ILCS 80/4.28 new) | ||
Sec. 4.28. Act repealed on January 1, 2018. The following | ||
Act is repealed on January 1, 2018: | ||
The Acupuncture Practice Act. | ||
Section 10. The Acupuncture Practice Act is amended by | ||
changing Sections 10, 20.1, 35, 60, 70, 105, 110, 120, 130, | ||
140, 155, 160, 165, 170, 175, 180, 190, and 195 as follows:
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(225 ILCS 2/10)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 10. Definitions. As used in this Act:
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"Acupuncture" means the evaluation or treatment of persons | ||
affected
through a method of stimulation of a certain point or | ||
points on or immediately
below the surface of
the body by the | ||
insertion of pre-sterilized, single-use, disposable needles,
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unless medically contraindicated, with or without the | ||
application of heat,
electronic stimulation, or manual | ||
pressure
to prevent or modify the perception of
pain, to | ||
normalize physiological functions, or for the
treatment of | ||
certain diseases or dysfunctions of the body and includes | ||
activities referenced in Section 15 of this Act for which a | ||
written referral is not required.
Acupuncture does not include | ||
radiology, electrosurgery, chiropractic technique,
physical | ||
therapy, naprapathic technique, use or prescribing of any | ||
drugs,
medications, herbal preparations, nutritional | ||
supplements, serums, or vaccines,
or determination of a | ||
differential
diagnosis.
An acupuncturist
registered under this | ||
Act who is not also licensed as a physical therapist
under
the | ||
Illinois Physical Therapy Act shall not hold himself or herself | ||
out as
being qualified to provide physical therapy or | ||
physiotherapy services.
An
acupuncturist shall refer to a | ||
licensed physician or dentist, any
patient whose condition | ||
should, at the time of evaluation or treatment,
be determined | ||
to be beyond the scope of practice of the acupuncturist.
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"Acupuncturist" means a person who practices acupuncture
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and who is licensed by the Department.
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"Board" means the Board of Acupuncture.
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"Dentist" means a person licensed under the Illinois Dental | ||
Practice Act.
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"Department" means the Department of Financial and
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Professional
Regulation.
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"Director" means the Director of Professional
Regulation.
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"Physician" means a person licensed under the Medical | ||
Practice Act of 1987.
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"Referral by written order" for purposes of this Act means | ||
a
diagnosis, substantiated by signature of a physician or | ||
dentist, identifying a
patient's condition and recommending | ||
treatment by acupuncture as defined in
this Act. The diagnosis | ||
shall remain in effect until changed by the physician
or | ||
dentist who may, through express direction in the referral, | ||
maintain management of the patient.
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"Secretary" means the Secretary of Financial and | ||
Professional Regulation.
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"State" includes:
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(1) the states of the United States of America;
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(2) the District of Columbia; and
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(3) the Commonwealth of Puerto Rico.
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(Source: P.A. 93-999, eff. 8-23-04.)
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(225 ILCS 2/20.1)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 20.1. Guest instructors of acupuncture; professional | ||
education. The provisions of this Act
do not prohibit an | ||
acupuncturist from another state
State or country, who is not
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licensed under this Act and who is an invited guest of a | ||
professional
acupuncture association or scientific acupuncture | ||
foundation or an acupuncture
training program or continuing | ||
education provider that is approved by the Department under | ||
this
Act, from engaging in professional education through | ||
lectures, clinics, or
demonstrations, provided that the | ||
acupuncturist is currently licensed in another state or | ||
country, his or her license is active and has not been | ||
disciplined, and he or she is currently certified in good | ||
standing as an acupuncturist by the National Certification | ||
Commission for Acupuncture and Oriental Medicine. | ||
Licensees under this Act may engage in professional | ||
education through lectures, clinics, or demonstrations as an | ||
invited guest of a professional acupuncture association or | ||
scientific acupuncture foundation or an acupuncture training | ||
program or continuing education provider approved by the | ||
Department under this Act. The Department may, but is not | ||
required to, establish rules concerning this Section.
To | ||
qualify as a guest instructor of acupuncture, the
acupuncturist | ||
must have been issued a guest instructor of acupuncture permit | ||
by
the Department. The Department shall grant a guest | ||
instructor of acupuncture
permit if the Department determines | ||
that the applicant for the permit (i) is
currently certified in | ||
good standing as an acupuncturist by the National
Certification | ||
Commission for Acupuncture and Oriental Medicine; or (ii) has
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sufficient training to qualify as a licensed acupuncturist in | ||
Illinois. By
rule, the Department may prescribe forms that | ||
shall be used to apply for guest
instructor of acupuncture | ||
permits and charge an application fee to defray
expenses borne | ||
by the Department in connection with implementation of this
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amendatory Act of the 92nd General Assembly. The applicant | ||
shall submit his
or her application for a guest instructor of | ||
acupuncture permit to the
Department. The Department shall | ||
issue a guest instructor of acupuncture
permit, or indicate why | ||
the Department has refused to issue the permit, within
60 days | ||
after the application is complete and on file with the | ||
Department.
The Department shall maintain a registry of guest | ||
instructors of acupuncture.
A guest instructor of acupuncture | ||
permit shall be valid for 12 months. The
guest instructor of | ||
acupuncture may engage in the application of acupuncture
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techniques in conjunction with the lectures, clinics, or | ||
demonstrations for a
maximum of 12 months, but may not open an | ||
office, appoint a place to meet
private patients, consult with | ||
private patients, or otherwise engage in the
practice of | ||
acupuncture beyond what is required in conjunction with these
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lectures, clinics, or demonstrations.
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(Source: P.A. 92-70, eff. 7-12-01.)
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(225 ILCS 2/35)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 35. Board of Acupuncture. The Secretary
Director shall | ||
appoint a Board of
Acupuncture to
consist of 7 persons who | ||
shall be appointed by and shall serve in an advisory
capacity | ||
to the Secretary
Director. Four members must hold an active | ||
license to engage in
the practice of acupuncture in this State, | ||
one member shall be a chiropractic
physician licensed under the | ||
Medical Practice Act of 1987 who is actively
engaged in the | ||
practice of acupuncture, one member shall be a physician
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licensed to practice medicine in all of its branches in | ||
Illinois, and one
member must be a member of the public who is | ||
not licensed under this
Act or a
similar Act of another | ||
jurisdiction and who has no connection with the
profession.
The | ||
initial appointees who would otherwise be required to be | ||
licensed
acupuncturists shall instead be individuals who have | ||
been practicing
acupuncture for at least 5 years and who are | ||
eligible under this Act for
licensure as acupuncturists.
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Members shall serve 4-year terms and until their successors | ||
are appointed and
qualified, except that of the initial | ||
appointments, one member shall be
appointed
to serve for 1 | ||
year, 2 members shall be appointed to serve for 2 years, 2
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members shall be appointed to serve for 3 years, and 2 members | ||
shall be
appointed to serve for 4
years and until their | ||
successors are appointed and qualified. No member shall
be | ||
reappointed to the Board for a term that would cause his or her | ||
continuous
service on the Board to be longer than 8 consecutive | ||
years. Appointments to
fill vacancies shall be made in the same | ||
manner as original appointments for
the unexpired portion of | ||
the vacated term. Initial terms shall begin upon the
effective | ||
date of this amendatory Act of 1997.
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The Board may
shall annually elect a chairperson and a | ||
vice-chairperson who shall
preside in the absence of the | ||
chairperson. The membership of the Board should
reasonably | ||
reflect representation from the geographic areas in this State. | ||
The
Secretary
Director may terminate the appointment of any | ||
member for cause.
The Secretary
Director may give due | ||
consideration to all recommendations of the Board. A
majority | ||
of the Board members currently appointed shall constitute a | ||
quorum. A
vacancy in the membership of the Board shall not | ||
impair the right of a quorum
to exercise the right and perform | ||
all the duties of the Board. Members of the
Board shall have no | ||
liability in any action based upon any disciplinary
proceeding | ||
or other activity performed in good faith as a member of the
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Board.
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(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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(225 ILCS 2/60)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 60. Exhibition of
Display of license upon request; | ||
change of
address. A
holder of a license under this Act shall
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display the
license in a
conspicuous place in the office or | ||
offices where the holder
practices acupuncture. A licensee | ||
shall, whenever
requested,
exhibit his or her license to any
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representative of the
Department
and shall notify the | ||
Department of the address or addresses, and of
every change of | ||
address, where the licensee practices
acupuncture.
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(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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(225 ILCS 2/70)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 70. Renewal, reinstatement, or restoration of
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license; continuing education; military service. The
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expiration date and renewal period
for each license issued | ||
under this Act shall be set by
rule. The
holder of a license | ||
may renew that license during the
month
preceding its | ||
expiration date by paying the required fee.
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In order to renew or restore a license, applicants shall
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provide proof of having met the
requirements of continuing | ||
education set forth in the
rules of the
Department. Continuing | ||
education sponsors approved by the Department may not use an | ||
individual to engage in clinical demonstration, unless that | ||
individual is actively licensed under this Act or licensed by | ||
another state or country as set forth in Section 20.1 of this | ||
Act.
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A person who has permitted his or her license to expire or | ||
who has had
his or her license on inactive status may have the | ||
license restored by
submitting an application to the | ||
Department, by meeting continuing education
requirements, and | ||
by filing proof acceptable to the Department of fitness to
have | ||
the license restored, which may include sworn evidence | ||
certifying to
active practice in another jurisdiction | ||
satisfactory to the Department and by
paying the required | ||
restoration fee. If the person has not maintained an
active | ||
practice in another jurisdiction satisfactory to the | ||
Department, the
Department shall determine, by an evaluation | ||
program established by rule, his
or her fitness to resume | ||
active status and may require the person to complete a
period | ||
of evaluated clinical experience and may require successful | ||
completion
of a practical examination.
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Any acupuncturist whose license expired while he or she
was
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(1) in federal service on active duty with the Armed Forces of | ||
the
United States or the State Militia called into service or | ||
training
or (2) in training or education under the supervision | ||
of the
United States preliminary to induction into the military | ||
service,
however, may have his or her registration restored | ||
without paying any
lapsed renewal fees if within 2 years after | ||
honorable termination
of service, training, or education, he or | ||
she furnishes the
Department with satisfactory evidence that he | ||
or she
has been so engaged and that his or her service, | ||
training, or
education has been terminated.
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(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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(225 ILCS 2/105)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 105. Unlicensed practice; civil penalty. A person who | ||
practices,
offers to practice, attempts to practice, or holds | ||
himself or herself out to
practice as
a
licensed acupuncturist | ||
without being licensed under this Act shall, in addition
to any | ||
other penalty provided by law, pay a civil penalty to the | ||
Department in
an amount not to exceed $10,000
$5,000 for each | ||
offense as determined by the
Department. The civil penalty | ||
shall be assessed by the Department after a
hearing is held in | ||
accordance with the provisions set forth in this Act
regarding | ||
the provision of a hearing for the discipline of a licensee.
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(Source: P.A. 90-61, eff. 7-3-97.)
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(225 ILCS 2/110)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 110. Grounds for disciplinary action.
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(a) The Department may refuse to issue or to renew, place | ||
on probation,
suspend, revoke or take other disciplinary or | ||
non-disciplinary action as deemed appropriate
including the | ||
imposition of fines not to exceed $10,000
$5,000 for each
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violation,
as the Department may deem proper,
with
regard to a | ||
license for any one or combination of the
following
causes:
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(1) Violations of the Act or its rules.
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(2) Conviction or plea of guilty or nolo contendere of | ||
any crime under the laws of the United States or any state | ||
or territory thereof
U.S.
jurisdiction that is (i) a felony | ||
or , (ii) a misdemeanor, an
essential element of which is | ||
dishonesty or that is , or (iii) directly
related to the | ||
practice of the profession.
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(3) Making any misrepresentation for the purpose of
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obtaining a license.
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(4) Aiding or assisting another person in violating any
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provision of this Act or its rules.
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(5) Failing to provide information within 60 days in
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response to a written request made by the Department which | ||
has
been sent by certified or registered mail to the | ||
licensee's
last known address.
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(6) Discipline by another U.S. jurisdiction or foreign
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nation, if at least one of the grounds for the discipline | ||
is the same or
substantially equivalent to one set forth in | ||
this Section.
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(7) Solicitation of professional services by means | ||
other
than permitted under this Act.
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(8) Failure to provide a patient with a copy of his or
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her record upon the written request of the patient.
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(9) Gross negligence in the practice of acupuncture.
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(10) Habitual or excessive use or addiction to alcohol, | ||
narcotics,
stimulants, or any other chemical agent or drug | ||
that results in an
acupuncturist's inability to practice | ||
with reasonable judgment, skill, or
safety.
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(11) A finding that licensure has been
applied for or
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obtained by fraudulent means.
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(12) A pattern of practice or other behavior that | ||
demonstrates
incapacity or incompetence to practice under | ||
this Act.
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(13) Being named as a perpetrator in an indicated | ||
report
by the Department of Children and Family Services | ||
under the
Abused and Neglected Child Reporting Act and upon | ||
proof by
clear and convincing evidence that the licensee | ||
has caused a
child to be an abused child or a neglected | ||
child as defined in
the Abused and Neglected Child | ||
Reporting Act.
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(14) Wilfully failing to report an instance of | ||
suspected
child abuse or neglect as required by the Abused | ||
and Neglected
Child Reporting Act.
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(15) The use of any words, abbreviations, figures or
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letters (such as Acupuncturist, Licensed Acupuncturist,
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Certified Acupuncturist, C.A., Act., Lic. Act., or Lic. | ||
Ac.)
with the intention of indicating practice as a | ||
licensed
acupuncturist without a valid license as an | ||
acupuncturist
issued under this Act.
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(16) Using testimonials or claims of superior quality | ||
of care to entice
the public or advertising fee comparisons | ||
of available services with those of
other persons providing | ||
acupuncture services.
| ||
(17) Advertising of professional services that the | ||
offeror of the
services is not licensed to render. | ||
Advertising of professional services that
contains false, | ||
fraudulent, deceptive, or misleading material or | ||
guarantees of
success,
statements that play upon the vanity | ||
or fears of the public, or statements that
promote or | ||
produce unfair competition.
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(18) Having treated ailments of human beings other than | ||
by
the practice of
acupuncture as defined in this Act, or | ||
having treated ailments of human beings
as a licensed | ||
acupuncturist pursuant to a
referral by written order
that | ||
provides for management of the patient by a physician or | ||
dentist without having notified the
physician or dentist | ||
who established the diagnosis that the patient is
receiving | ||
acupuncture treatment.
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(19) Unethical, unauthorized, or unprofessional | ||
conduct as defined by
rule.
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(20) Physical illness,
including but not limited to | ||
deterioration through
the aging process, mental illness, | ||
or other impairment
disability that results in the | ||
inability
to practice the profession with reasonable | ||
judgment, skill, and safety, including without limitation | ||
deterioration through the aging process, mental illness, | ||
or disability.
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(21) Violation of the Health Care Worker Self-Referral | ||
Act.
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The entry of an order by a circuit court establishing that | ||
any person
holding a license under this Act is subject to | ||
involuntary admission or
judicial admission as provided for in | ||
the Mental Health and Developmental
Disabilities Code operates | ||
as an automatic suspension of that license. That
person may | ||
have his or her license restored only upon the determination by | ||
a
circuit court that the patient is no longer subject to | ||
involuntary admission or
judicial admission and the issuance of | ||
an order so finding and discharging the
patient and upon the | ||
Board's recommendation to the Department that the license
be | ||
restored. Where the circumstances so indicate, the Board may | ||
recommend to
the Department that it require an examination | ||
prior to restoring a suspended
license.
| ||
The Department may refuse to issue or renew the license
of | ||
any person
who
fails to (i) file a return or to pay the tax,
| ||
penalty or interest shown in a filed return or (ii) pay any | ||
final
assessment of the tax, penalty, or interest as required | ||
by any tax
Act administered by the Illinois Department of | ||
Revenue, until the
time that the requirements of that tax Act | ||
are satisfied.
| ||
In enforcing this Section, the Department or Board upon a | ||
showing of
a
possible
violation may compel an individual | ||
licensed to practice under this Act, or
who has applied for | ||
licensure under this Act, to submit
to a mental or physical | ||
examination, or both, as required by and at the expense
of the | ||
Department. The Department or Board may order the examining | ||
physician to
present
testimony concerning the mental or | ||
physical examination of the licensee or
applicant. No | ||
information shall be excluded by reason of any common law or
| ||
statutory privilege relating to communications between the | ||
licensee or
applicant and the examining physician. The | ||
examining
physicians
shall be specifically designated by the | ||
Board or Department.
The individual to be examined may have, at | ||
his or her own expense, another
physician of his or her choice | ||
present during all
aspects of this examination. Failure of an | ||
individual to submit to a mental
or
physical examination, when | ||
directed, shall be grounds for suspension of his or
her
license | ||
until the individual submits to the examination if the | ||
Department
finds,
after notice and hearing, that the refusal to | ||
submit to the examination was
without reasonable cause.
| ||
If the Department or Board finds an individual unable to | ||
practice because of
the
reasons
set forth in this Section, the | ||
Department or Board may require that individual
to submit
to
| ||
care, counseling, or treatment by physicians approved
or | ||
designated by the Department or Board, as a condition, term, or | ||
restriction
for continued,
reinstated, or
renewed licensure to | ||
practice; or, in lieu of care, counseling, or treatment,
the | ||
Department may file, or
the Board may recommend to the | ||
Department to file, a complaint to immediately
suspend, revoke, | ||
or otherwise discipline the license of the individual.
An | ||
individual whose
license was granted, continued, reinstated, | ||
renewed, disciplined or supervised
subject to such terms, | ||
conditions, or restrictions, and who fails to comply
with
such | ||
terms, conditions, or restrictions, shall be referred to the | ||
Secretary
Director for
a
determination as to whether the | ||
individual shall have his or her license
suspended immediately, | ||
pending a hearing by the Department.
| ||
In instances in which the Secretary
Director immediately | ||
suspends a person's license
under this Section, a hearing on | ||
that person's license must be convened by
the Department within | ||
30
15 days after the suspension and completed without
| ||
appreciable
delay.
The Department and Board shall have the | ||
authority to review the subject
individual's record of
| ||
treatment and counseling regarding the impairment to the extent | ||
permitted by
applicable federal statutes and regulations | ||
safeguarding the confidentiality of
medical records.
| ||
An individual licensed under this Act and affected under | ||
this Section shall
be
afforded an opportunity to demonstrate to | ||
the Department or Board that he or
she can resume
practice in | ||
compliance with acceptable and prevailing standards under the
| ||
provisions of his or her license.
| ||
(Source: P.A. 93-999, eff. 8-23-04.)
| ||
(225 ILCS 2/120)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 120. Checks or orders to Department dishonored because
| ||
of insufficient funds. Any person who issues or delivers a | ||
check
or other order to the Department that is not honored on 2 | ||
occasions
by the financial institution upon which it is drawn | ||
because of
insufficient funds on account, the account is | ||
closed, or a stop
payment has been placed on the check or order | ||
shall pay to the
Department, in addition to the amount owing | ||
upon the check or other
order, a fee of $50. If the check or | ||
other order was issued or
delivered in payment of a renewal or | ||
issuance fee and the person
whose registration has lapsed | ||
continues to practice acupuncture without
paying the renewal or | ||
issuance fee and the required $50 fee under
this Section, an | ||
additional fee of $100 shall be imposed. The fees
imposed by | ||
this Section are in addition to any other disciplinary
| ||
provision under this Act prohibiting practice on an expired or
| ||
non-renewed registration. The Department
shall mail a | ||
registration renewal form to each registrant 60 days before the
| ||
expiration of the registrant's current registration.
The | ||
Department shall notify a person whose
registration has lapsed, | ||
within 30 days after the discovery of the
lapse, that the | ||
individual is engaged in the unauthorized practice
of | ||
acupuncture and of the amount due to the Department which shall
| ||
include the lapsed renewal fee and all other fees required by | ||
this
Section. If after the expiration of 30 days from the date | ||
of the
notification a person whose registration has lapsed | ||
seeks a current
registration, he or she shall thereafter apply | ||
to the Department for
restoration of the registration and pay | ||
all fees due to the Department.
The Department may establish a | ||
fee for the processing of an
application for restoration of a | ||
registration that allows the Department
to pay all costs and | ||
expenses incident to the processing of this
application. The | ||
Secretary
Director may waive the fees due under this
Section in | ||
individual cases where he or she finds that the fees
would be | ||
unreasonably or unnecessarily burdensome.
| ||
(Source: P.A. 89-706, eff. 1-31-97.)
| ||
(225 ILCS 2/130)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 130. Injunctions; criminal offenses; cease and desist
| ||
order.
| ||
(a) If any person violates the provisions of this Act, the | ||
Secretary
Director may, in the name of the People of the State | ||
of Illinois,
through the Attorney General of the State of | ||
Illinois or the
State's Attorney for any county in which the | ||
action is brought,
petition for an order enjoining the | ||
violation or for an order
enforcing compliance with this Act. | ||
Upon the filing of a verified
petition in court, the court may | ||
issue a temporary restraining
order, without notice or | ||
condition, and may preliminarily and
permanently enjoin the | ||
violation. If it is established that the
person has violated or | ||
is violating the injunction, the Court may
punish the offender | ||
for contempt of court. Proceedings under this
Section shall be | ||
in addition to, and not in lieu of, all other
remedies and | ||
penalties provided by this Act.
| ||
(b) Whenever in the opinion of the Department a person | ||
violates a
provision of this Act, the Department may issue a | ||
rule to show cause why an
order to cease and desist should not | ||
be entered against that person. The rule
shall clearly set | ||
forth the grounds relied upon by the Department and shall
allow | ||
at least 7 days from the date of the rule to file an answer to | ||
the
satisfaction of the Department. Failure to answer to the | ||
satisfaction of the
Department shall cause an order to cease | ||
and desist to be issued immediately.
| ||
(c) Other than as provided in Section 20 of this Act, if | ||
any
person practices as an acupuncturist or holds himself or | ||
herself
out as a licensed acupuncturist under this Act without | ||
being
issued
a valid existing license by the Department, then | ||
any
licensed
acupuncturist, any interested party, or any person | ||
injured thereby
may, in addition to the Secretary
Director, | ||
petition for relief as provided
in subsection (a) of this | ||
Section.
| ||
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| ||
(225 ILCS 2/140)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 140. Investigation; notice; hearing. Licenses may be | ||
refused,
revoked, suspended,
or otherwise disciplined in the | ||
manner provided by this Act and not otherwise.
The Department | ||
may upon its own motion or
and shall upon the verified
| ||
complaint
in
writing of any person setting forth facts that if | ||
proven would constitute
grounds for refusal to issue or renew
| ||
or for suspension,
or revocation, or other disciplinary action
| ||
under this Act,
investigate
the
actions of a person applying | ||
for, holding, or claiming to hold a license. The
Department | ||
shall, before refusing to issue or renew, suspending, or
| ||
revoking, or taking other disciplinary action regarding a
| ||
license or taking other discipline pursuant to Section 110 of | ||
this Act, and at
least 30 days prior to the date set for the | ||
hearing, notify in writing the
applicant or licensee of any | ||
charges made, shall afford
the applicant or licensee an | ||
opportunity to be heard in person or by counsel in
reference to | ||
the charges, and direct the applicant or licensee to file a
| ||
written
answer to the Department under oath within 20 days | ||
after the service of the
notice and inform the applicant or | ||
licensee that failure to file an answer will
result in default | ||
being taken against the applicant or licensee and that the
| ||
license may be suspended, revoked, placed on probationary | ||
status, or other
disciplinary action may be
taken, including | ||
limiting the scope, nature, or extent of practice, as the
| ||
Secretary
Director may deem proper. Written notice may be | ||
served by personal delivery
to the applicant or licensee or by | ||
mailing the notice by certified mail to
his or her last known | ||
place of residence or to the place of business last
specified | ||
by the applicant or licensee in his or her last notification
to
| ||
the Department. If the person fails to file an answer after | ||
receiving
notice, his or her license may, in the discretion of | ||
the Department, be
suspended, revoked, or placed on | ||
probationary status or the Department may take
whatever | ||
disciplinary action deemed proper, including limiting the | ||
scope,
nature, or extent of the person's practice or the | ||
imposition of a fine, without
a hearing, if the act or acts | ||
charged constitute sufficient grounds for such
action under | ||
this Act. At the time and place fixed in the notice, the
| ||
Department shall proceed to hearing of the charges and both the | ||
applicant or
licensee
and the complainant shall be afforded | ||
ample opportunity to present, in person
or by counsel, any | ||
statements, testimony, evidence, and arguments that may be
| ||
pertinent to the charges or to their defense. The Department | ||
may continue a
hearing from time to time.
If the Board is not | ||
sitting at the time and place fixed in the notice or
at the | ||
time and place to which the hearing shall have been continued, | ||
the
Department may continue the hearing for a period not to | ||
exceed 30 days.
| ||
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| ||
(225 ILCS 2/155)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 155. Subpoena; oaths. The Department shall have power
| ||
to subpoena and bring before it any person in this State and to
| ||
take testimony either orally or by deposition or both with the | ||
same
fees and mileage and in the same manner as prescribed by | ||
law in
judicial proceedings in civil cases in circuit courts of | ||
this
State.
The Department shall also have the power to | ||
subpoena the production of
documents, papers, files, books, and | ||
records in connection with a hearing or
investigation.
| ||
The Secretary
Director and the hearing officer
designated | ||
by the Secretary
Director shall each have power to
administer | ||
oaths to witnesses at any hearing that the Department is
| ||
authorized to conduct under this Act and any other oaths | ||
required
or authorized to be administered by the Department | ||
under this Act.
| ||
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| ||
(225 ILCS 2/160)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 160. Findings of facts, conclusions of law, and
| ||
recommendations. At the conclusion of the hearing, the Board
| ||
hearing officer
shall present to the Secretary
Director a | ||
written report of its findings of
fact, conclusions of law, and | ||
recommendations. The report shall
contain a finding whether or | ||
not the accused person violated this
Act or failed to comply | ||
with the conditions required in this Act.
The Board
hearing | ||
officer shall specify the nature of the violation or failure
to | ||
comply and shall make its
his or her recommendations to the | ||
Secretary
Director.
| ||
The report of findings of fact, conclusions of law, and
| ||
recommendations of the Board
hearing officer may be the basis | ||
of the
order of
the Department. If the Secretary
Director
| ||
disagrees in any regard with the
report of the Board
hearing | ||
officer, the Secretary may
Director shall issue an order in
| ||
contravention of the report. The Secretary
Within 60 days after | ||
taking that
action the Director shall provide notice
a written | ||
report to the Board
hearing officer
on any deviation and shall | ||
specify with particularity the reasons
for the deviation
action | ||
in the final order. The finding is not admissible
in evidence | ||
against the person in a criminal prosecution brought
for the | ||
violation of this Act, but the hearing and findings are not
a | ||
bar to a criminal prosecution brought for the violation of this
| ||
Act.
| ||
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| ||
(225 ILCS 2/165)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 165. Hearing officer. The Secretary
Director shall | ||
have the authority to
appoint any attorney duly licensed to | ||
practice law in the State of
Illinois to serve as the hearing | ||
officer in any action for
discipline of a license.
The hearing | ||
officer shall have full authority to conduct the hearing.
The | ||
hearing officer shall report his or her findings of fact, | ||
conclusions of
law, and recommendations to the Board and the | ||
Secretary
Director. The Board shall have
60 days after receipt | ||
of the report to review the report of the hearing officer
and | ||
to present its findings of fact, conclusions of law, and | ||
recommendations to
the Secretary
Director.
| ||
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| ||
(225 ILCS 2/170)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 170. Service of report; rehearing; order. In any case
| ||
involving the discipline of a license, a copy of the
hearing | ||
officer's report shall be served upon the respondent by the | ||
Department,
either personally or as provided in this Act for | ||
the service of the
notice of hearing. Within 20 days after the | ||
service, the
respondent may present to the Department a motion | ||
in writing for a
rehearing that shall specify the particular | ||
grounds for rehearing.
If no motion for rehearing is filed, | ||
then upon the expiration of
the time specified for filing a | ||
motion, or if a motion for
rehearing is denied, then upon the | ||
denial the Secretary
Director may enter an
order in accordance | ||
with this Act. If the respondent orders from
the reporting | ||
office and pays for a transcript of the record within
the time | ||
for filing a motion for rehearing, the 20 day period
within | ||
which the motion may be filed shall commence upon the
delivery | ||
of the transcript to the respondent.
| ||
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| ||
(225 ILCS 2/175)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 175. Substantial justice to be done; rehearing.
| ||
Whenever the Secretary
Director is satisfied that substantial | ||
justice has not
been done in the discipline of a license,
the | ||
Secretary
Director may order a rehearing by the same or
another | ||
hearing officer.
| ||
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| ||
(225 ILCS 2/180)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 180. Order or certified copy as prima facie proof. An
| ||
order or a certified copy thereof, over the seal of the | ||
Department
and purporting to be signed by the Secretary
| ||
Director, shall be prima facie
proof:
| ||
(1) that the signature is the genuine signature of the
| ||
Secretary
Director;
| ||
(2) that such Secretary
Director is duly appointed and | ||
qualified; and
| ||
(3) that the Board and its members are qualified to | ||
act.
| ||
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| ||
(225 ILCS 2/190)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 190. Surrender of registration. Upon the revocation
or | ||
suspension of any registration, the registrant shall | ||
immediately surrender
the registration certificate to the | ||
Department. If the registrant fails to do
so, the
Department | ||
shall have the right to seize the registration certificate.
| ||
(Source: P.A. 89-706, eff. 1-31-97.)
| ||
(225 ILCS 2/195)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 195. Imminent danger to public; temporary suspension.
| ||
The Secretary
Director may temporarily suspend the license of | ||
an
acupuncturist without a hearing, simultaneously with the
| ||
institution of proceedings for a hearing provided for in | ||
Section 140
of this Act, if the Secretary
Director finds that | ||
evidence in his or her
possession indicates that continuation | ||
in practice would constitute
an imminent danger to the public. | ||
In the event that the Secretary
Director
temporarily suspends a | ||
license without a hearing, a
hearing by the
Department must be | ||
held within 30 days after the suspension has
occurred and be | ||
concluded without appreciable delay.
| ||
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||